When you buy a product, you expect it to work as advertised. The last thing you want is to be hurt as a result of how an item has been designed or made. Unfortunately, even objects we use on a daily basis can sometimes cause serious injuries. The defective products lawyers at Dominguez Law Firm, LLC are committed to helping residents of Albuquerque and the surrounding area. If you or someone you love has been hurt because an item malfunctioned, you may have a claim for damages. The process of product design, manufacturing, and distribution is a complicated area. We have years of experience in these types of cases and will utilize our familiarity with the latest technology to assert your rights.Holding Manufacturers Accountable for Injuries
Like most states, New Mexico holds companies to a very high standard in order to protect the consumers who use their goods. The legal theory of strict liability usually applies, which means that a manufacturer or distributor can be held accountable for harm caused by a product that poses an unreasonable risk of injury, regardless of how much care was actually taken in making the device and putting it on the market.
A consumer thus does not need to prove negligence, as in a typical personal injury claim, to recover damages. Instead, he or she must show that the product carries a risk that a reasonable person would find unacceptable. In analyzing whether an item creates an unreasonable hazard to people using it, courts will consider whether the danger can be eliminated without impairing the usefulness of the item.
There are three ways in which a product can be considered faulty. It can have a manufacturing defect, a design flaw, or an inadequate set of safety warnings. Manufacturing defects occur when something in the manufacturing process goes wrong or departs from the intended design. On the other hand, a design flaw occurs when the way that an item was intended to be made creates an inherently dangerous risk. Finally, a product may have a defect if it fails to warn of potential hazards associated with it, or has an insufficient warning.
Another way that New Mexico law tries to protect consumers is by taking product misuse into consideration. Even if an item has not been utilized in the most obvious way, damages may still be recovered. Manufacturers and distributors can be held liable for risks arising from foreseeable uses of a product, even if they could be considered misuse. It is also important to understand that all parties involved in the distribution chain can be held responsible for injuries, including the maker, designer, and seller of a product.
If you have been hurt by a defective device, you have a restricted time to bring your claim. Rules called statutes of limitations bar any lawsuit that is not filed within the permitted period. In New Mexico, this is three years from the date on which the injury occurred. If you fail to meet this deadline, your claim probably will be barred, and you will lose the chance to seek compensation for your harm.Discuss Your Products Liability Case with an Albuquerque Lawyer
Products liability cases can be extremely complex, considering the advanced technology it takes to manufacture certain devices. Litigation can be a long process and involves details a skilled attorney can help you address. If you or someone you know has been injured as a result of a defective device in or around Albuquerque, the capable products liability attorneys at Dominguez Law Firm, LLC are available to help. We will work with professionalism and ethics to pursue a favorable resolution to your claim. To speak with one of our attorneys, call (505) 850-5854 or contact us online today.